Karnataka High Court

Smt.Laura N Fernandis vs State Of Karnataka on 16 June, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                               NC: 2025:KHC:20612
                                                            WP No. 3605 of 2014


                    HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 16TH DAY OF JUNE, 2025

                                              BEFORE

                          THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

                             WRIT PETITION No. 3605 OF 2014 (LA-BDA)

                   BETWEEN:

                   1.    SMT.LAURA N FERNANDIS,
                         W/O S D GONSALVIS,
                         AGED ABOUT 42 YEARS
                         R/A No.57, 1ST CROSS
                         NHCS LAYOUT, 3RD STAGE
                         4TH BLOCK, BASAVESHWARANAGARA,
                         BANGALORE-560079.
                                                                     ...PETITIONER
                   (BY SRI H. ARAVIND REDDY, ADVOCATE)

                   AND:

                   1.    STATE OF KARNATAKA,
                         BY ITS SECRETARY,
                         DEPARTMENT OF URBAN
Digitally signed
by NAGAVENI              DEVELOPMENT DEPARTMENT,
Location: High           M S BUILDINGS,
Court of                 BANGALORE-560001.
Karnataka
                   2.    BANGALORE DEVELOPMENT AUTHOIRTY,
                         K P WEST EXTENSION,
                         BANGALORE-560020,
                         REP BY ITS COMMISSIONER.

                   3.    THE ADDL. LAND ACQUISITION OFFICER,
                         BANGALORE DEVELOPMENT AUTHORITY,
                         K. P. WEST EXTENSION,
                         BANGALORE-560020.
                                                                   ...RESPONDENTS
                   (BY SMT. RASHMI RAO, HCGP FOR R1;
                   SRI B.S. SACHIN, ADVOCATE FOR R2 & R3)
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                                                NC: 2025:KHC:20612
                                              WP No. 3605 of 2014


HC-KAR



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PRELIMINARY NOTIFICATION DATED 21.5.2008 PUBLISHED IN THE
KARNATAKA GAZETTE DATED 22.5.2008 ISSUED UNDER SECTION
17(1) & (3) OF THE BDA ACT 1976 AND ISSUED BY THE R-2 VIDE
ANNEXURE-A AND FINAL NOTIFICATION DATED 18.2.2010, BEARING
NO. UDD51MNX2010, BANGALORE GAZETTED ON 18.2.2010,
ISSUED UNDER SEC.19(1) OF THE BDA ACT 1976, ISSUED BY THE
R-1 VIDE ANNEXURE-B.

     THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE M.NAGAPRASANNA

                          ORAL ORDER

The petitioner is before this Court seeking the following

prayers;

"a) Quashing the preliminary notification 21.05.2008, bearing No.BDA/Commr./DC(LA) /ALAO/158/2008-09, published in the Karnataka Gazette Dated 22.05.2008 issued under Section 17(1) & (3) of the BDA Act, 1976 and issued by the 2nd Respondent Vide Annexure - A and Final Notification dated 18.02.2010, bearing No.UDD51MNX2010, Bangalore Gazetted on 18.02.2010 issued under Section 19(1) of the BDA Act, 1976 issued by the 1st Respondent vide Annexure-B.

(b) In the alternative direct the respondents to collect the Betterment charges and to regularize

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the schedule property in favour of the petitioner as per their own policy.

(c) And for issue of any other writ or order or direction as this Hon'ble Court deems fit to grant in the circumstances of the case and in the ends of justice."

2. Learned counsel for the petitioner submits that the

acquisition for 'Nadaprabhu Kempegowda Layout' has been

affirmed with certain directions by the Division Bench in

W.A.No.1783/20141 and connected matters dated

22.02.2024. The directions so issued are as follows -

"ORDER

i) The above appeals filed by the BDA are allowed;

ii) The order dated 11.7.2014 passed by the learned Single Judge in WP No.32186/2010 and other connected writ petitions is set aside. The orders passed in writ petitions which are decided placing reliance on the order dated 11.7.2014 passed in WP No.32186/2010 and other connected writ petitions are also set aside;

iii) The preliminary notification bearing No.BDA/ COMMR/DC(LA)/ALAO/158/2008-2009,

Bangalore Development Authority & Another vs. Sri.R. Shankaran & Another

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Bangalore, dated 21.5.2008 and the final notification bearing No. UDD 51 MNX 2010, Bangalore, dated 18.2.2010 issued for acquisition of lands for the formation of the "Nadaprabhu Kempegowda Layout" are upheld subject to the following conditions:

                   a)       With regard to                the    land owners
         (excluding the site owners):

         i)        All the land owners/writ petitioners who are
         seeking         for    dropping       of     their       lands     from

acquisition on the ground that their lands are (1) nursery lands; (2) situated within green belt; (3) totally built up; (4) that the buildings are constructed by religious/charitable educational institutions; (5) that similar adjoining lands have been either left out from acquisition or de-

notified, are permitted to make an application to the BDA seeking for dropping of their lands from acquisition by producing all such material that they deem fit/necessary in support of their applications within 3 months from today;

(ii) The BDA shall consider each of the said application/s keeping in mind the status of the lands as on the date of the preliminary notification and without taking into consideration any developments / improvements / constructions made subsequent to the preliminary notification;

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iii) The BDA shall complete the exercise of considering the applications of the writ petitioners and deciding on the same within an outer limit of six months from today;

iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision;

v) If the BDA is of the opinion that the acquisition will have to be proceeded with, the BDA is at liberty to proceed further in accordance with law;

b) Insofar as the site owners who have not made an application as contemplated in para

(iii)(a) hereinabove:

i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today by paying the registration fee. However, payment of initial deposit by them is exempted. The necessary documents along with the said applications are also to be filed to enable the BDA to verify the same;

ii) The BDA shall treat the applicants as being entitled for priority allotment and allot each of them a site measuring 30x40 feet in the Nadaprabhu Kempegowda Layout at the prevailing allotment prices subject to the

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applicants satisfying the dual requirements of allotment under the Rules that they must be the residents of Bengaluru (for 10 years) and should not be owning any residential property in Bengaluru;

iii) In case the applicants/writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989;

c) Insofar as the owners of residential sites who form part of a layout and who have sought for dropping their lands from acquisition in accordance with para (iii)(a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have first filed applications pursuant to para

(iii)(a) hereinabove, shall be entitled to a further period of one month after the decision as contemplated therein is intimated to opt to and apply in the manner as contemplated in para

(iii)(b) hereinabove.

iv) Till the aforesaid exercise directed to be undertaken by the BDA and the applications filed by the writ petitioners, either for allotment of sites or for dropping of the lands from acquisition

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are considered, their possession shall not be disturbed and the existing construction shall not be demolished.